MEMORANDUM OPINION AND ORDER WILLIAM L. OSTEEN, JR. , District Judge . Plaintiff the City of High Point, North Carolina, (the "City") brings causes of action for breach of contract, breach of warranty, negligence, negligent misrepresentation, fraud, unfair and deceptive trade practices, and products liability against Defendants Suez Treatment Solutions Inc. ("Suez"), Fidelity and Deposit Company of Maryland ("Fidelity"), and CPPE Carbon Process & Plant Engineering S.A. ("CPPE Carbon"). (...
ORDER THOMAS D. SCHROEDER , District Judge . On February 5, 2020, the United States Magistrate Judge's Recommendation was filed and notice was served on Petitioner pursuant to 28 U.S.C. 636. Petitioner filed objections (Doc. 16) to the Recommendation within the time limit prescribed by Section 636. The court has reviewed Petitioner's objections de novo and finds they do not change the substance of the United States Magistrate Judge's Recommendation (Doc. 14), which is affirmed and...
MEMORANDUM OPINION AND ORDER WILLIAM L. OSTEEN, JR. , District Judge . Currently before the court is Defendant Advanced Fraud Solution, LLC's ("AFS") Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. 13.) Plaintiffs' Complaint lists four claims, including Unlawful Employment Discrimination/Retaliation in violation of 42 U.S.C. 2000e-3, two state law claims, and a claim for punitive damages. (Complaint ("Compl.") (Doc. 1) 57-97). AFS moves for...
ORDER TO SEAL LOUISE W. FLANAGAN , District Judge . Upon Motion of the United States, it is hereby ORDERED that the Response to Motion for Leave to File Out of Time, Motion to Seal, and this corresponding Order to Seal, in the above-captioned matter, be sealed until such time as unsealed by the Court. It is FURTHER ORDERED that the Clerk of Court provide a signed copy of the Response to Motion for Leave to File Out of Time, Motion to Seal, and this corresponding Order to Seal, to the...
ORDER LOUISE W. FLANAGAN , District Judge . This matter is before the court on plaintiff's motion (DE 24) for attorneys' fees pursuant to 42 U.S.C. 406(b). Defendant filed a response neither supporting nor opposing the motion, but noting that the court must independently determine the reasonableness of fees requested. In this posture, the matter is ripe for ruling. For the following reasons, plaintiff's motion is allowed. BACKGROUND On February 12, 2020, defendant issued a notice of...
ORDER LOUISE W. FLANAGAN , District Judge . This matter comes before the court on the parties' cross-motions for judgment on the pleadings. (DE 20, 24). Pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Robert T. Numbers, II, issued a memorandum and recommendation ("M&R") (DE 26), wherein it is recommended that the court deny plaintiff's motion, grant defendant's motion, and affirm the final decision by defendant. Plaintiff timely...
MEMORANDUM OPINION AND ORDER WILLIAM L. OSTEEN, JR. , District Judge . Plaintiff Samantha VanStavern brings the following claims against Defendant Express Services, Inc. ("Express"): a claim for sex discrimination under 42 U.S.C. 2000e et seq. , a claim for retaliation under 42 U.S.C. 2000e-3, and a state law claim for wrongful discharge under N.C. Gen. Stat. 143-422.2. 1 (Doc. 12.) Defendant Express has moved to dismiss Plaintiff's claims as against Express Services pursuant to...
ORDER LOUISE W. FLANAGAN , District Judge . This matter came before the Court on March 5, 2020 for a revocation hearing of the defendant. The defendant's term of supervised release was revoked, and the defendant was ordered committed to the custody of the Bureau of Prisons or its authorized representative for imprisonment until the defendant was approved and accepted into an inpatient substance abuse treatment facility. The Court directed the parties to submit a jointly proposed form of...
ORDER LOUISE W. FLANAGAN , District Judge . This matter is before the Court on Berg Plummer Johnson & Raval, LLP, Amar Raval, and James C. Plummer's Motion to File Manually, as they are not admitted to practice in this District or Division. For good cause shown, the Court hereby grants the Motion to File Manually. SO ORDERED.
ORDER LOUISE W. FLANAGAN , District Judge . Upon motion of the Defendant, for good cause shown, it is hereby ORDERED that Defendant's exhibit at D.E. 502-1 filed on 9 March 2020 be sealed until further order of the Court. It is further ORDERED that the Clerk of Court provide a filed copy of the sealed filing to counsel for the Government and Defendant. SO ORDERED.
JUDGMENT LOUISE WOOD FLANAGAN , District Judge . Decision by Court. This action came before the Honorable Louise W. Flanagan, United States District Judge, for consideration of Defendant's Consent Motion for Remand to the Commissioner. IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court's order entered on March 18, 2020, that Defendant's Consent Motion for Remand to the Commissioner is granted, and the Court reverses the Commissioner's decision under sentence four of 42 U....
ORDER LOUISE W. FLANAGAN , District Judge . This matter is before the Court on plaintiff's Motion for Summary Judgment and defendant's Motion for Remand to the Commissioner. Plaintiff's counsel consented to the defendant's Motion for Remand. Accordingly, for good cause shown, the Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. 405(g) and remands the case to the Commissioner for further proceedings. See Shalala v. Schaefer , 509 U.S. 292 (1993);...
ORDER JAMES C. DEVER, III , District Judge . On May 3, 2019, Calvin Tyrone Norton ("Norton" or "plaintiff"), proceeding pro se , filed this action challenging the November 2018 election for the office of Sheriff of Columbus County, North Carolina [D.E. 1]. Pursuant to Federal Rule of Civil Procedure 19, Norton moves for joinder of the North Carolina State Board of Elections and its members ("NCSBOE") as defendants [D.E. 11]. All defendants except Leslie Macrae Dowless and Lewis Hatcher...
STANDING ORDER TERRENCE W. BOYLE , Chief District Judge . The United States District Court for the Eastern District of North Carolina is closely monitoring the outbreak of the novel coronavirus known as COVID-19 as well as the guidance issued by the Centers for Disease Control and Prevention ("CDC"). The CDC having advised people to take precautions, and having noted that the best way to prevent illness is to avoid being exposed to the virus, it is hereby ORDERED by the United States...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER , District Judge . Before the court is the motion by Defendant Tamork Cornelious Atkins to suppress evidence seized during the search of his residence by officers of the Burlington (North Carolina) Police Department ("BPD"). (Doc. 16.) The search was conducted pursuant to warrants issued by North Carolina Superior Court Judges on May 28, 2019 (Doc. 16-1) and May 29, 2019 (Doc. 16-2). Atkins contends that the State judges lacked probable...
MEMORANDUM OPINION AND ORDER WILLIAM L. OSTEEN, JR. , District Judge . Plaintiff Hui Minn Lee brings eight claims against Defendant Market America, Inc. ("Market America"): retaliation under 42 U.S.C. 1981; race discrimination under 1981, Title VII, and N.C. Gen. Stat. 143-422.2; and age and national origin discrimination under Title VII and N.C. Gen. Stat. 143-422.2. (Doc. 4.) This matter is before the court on Defendant's partial motion to dismiss. (Doc. 13.) For the reasons set...
MEMORANDUM OPINION AND ORDER WILLIAM L. OSTEEN, JR. , District Judge . Before the court is Defendants' Motion to Dismiss, (Doc. 7), pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. 7.) Plaintiff's Complaint includes eight claims — two for failure to promote under Title VII and 42 U.S.C. 1981, two for discrimination under Title VII and Section 1981, and four for retaliation under Title VII and Section 1981. (Doc. 1.) As a part of their motion to dismiss,...
ORDER JAMES E. GATES , Magistrate Judge . This case comes before the court on defendant's motion for substitution of counsel (D.E. 130). The court will hold a hearing on defendant's motion on 24 March 2020, at 2:00 p.m. in the Sixth Floor Courtroom of the Terry Sanford Federal Building and Courthouse at 310 New Bern Avenue in Raleigh, North Carolina. Defendant and his counsel of record shall attend the hearing. SO ORDERED.
ORDER MALCOLM J. HOWARD , Senior District Judge . This matter is before the court on petitioner's Motion to Withdraw his Motion to Vacate, [DE #149]. Due to the unique procedural posture of this case and out of an abundance of caution, the court construes petitioner's filing as a motion to voluntarily dismiss his claims without prejudice pursuant to Fed. R. Civ. P. 41(a)(2). Therefore, the court GRANTS petitioner's motion, [DE #149], and hereby DISMISSES petitioner's motion to vacate, [DE #...
MEMORANDUM OPINION AND ORDER WILLIAM L. OSTEEN, JR. , District Judge . Before the court is the Motion to Dismiss, (Doc. 15), for failure to state a claim filed by Defendants MedCom Carolinas, Inc., and Jeff Turpin. Plaintiff Haile Kiros Nicholson ("Relator") is a qui tam relator proceeding, pursuant to 31 U.S.C. 3730(b), against Defendants for violations of the False Claims Act ("FCA"), Anti-Kickback Statute ("AKS"), and North Carolina's False Claims Act ("North Carolina FCA"). The...
